Discussion
The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, notified us that an unsafe condition may exist on all British Aerospace Model HS 748 airplanes. The CAA advises that a structural integrity audit of the airplane showed the importance of inspecting for fatigue cracking and corrosion of the rear pressure bulkhead and associated areas, and of the fin attachment fittings, particularly the fin link beam. Although there have been no reports of damage or corrosion, the CAA has determined that the potential exists for fatigue cracking or corrosion to occur in these areas. The CAA further advises that, in order to do the inspection, operators must remove the fin, and that other inspections for cracking or corrosion and certain replacements should be done while the fin is removed. Failure to detect and repair cracking, corrosion, and other related discrepancies of the rear pressure bulkhead and associated areas, and the fin attachment fittings, particularly the fin link beam, could result in damage to the airplane structure or injury to airplane occupants.
Relevant Service Information
BAE Systems (Operations) Limited has issued Inspection Service Bulletin HS748-53-49, Revision 2, dated May 4, 2001. The service bulletin describes procedures for doing various repetitive inspections of the rear pressure bulkhead and associated areas, and of the fin attachment fittings, particularly the fin link beam. The service bulletin also states that, in order to inspect these areas, the fin of the airplane must be removed. The inspections include high frequency eddy current (HFEC), rototest eddy current, radiographic, and close visual inspections for fatigue cracking and corrosion, and for other related discrepancies described in the service bulletin, such as loose rivets, and worn bolts and bushings.
The service bulletin also describes procedures for any necessary corrective actions.The corrective actions depend on the inspection findings and the location of the problem to be corrected. The corrective actions can include reaming rivet holes, installing appropriate new bolts, repairing cracks and corrosion, and replacing various parts with new or serviceable parts. The corrective actions can also include related investigative actions such as close visual inspections for cracks, corrosion, and discrepancies that may be revealed during the repair process.
For certain inspection findings, such as certain bore diameters or certain cracks, and for certain areas that cannot be repaired within the limits described in the service bulletin, the service bulletin specifies that operators should contact BAE Systems (Operations) Limited for repair instructions. The service bulletin also specifies that certain parts are to be returned to the manufacturer, and that results of all inspections should be sent to the manufacturer.
Accomplishing the actions specified in theservice information is intended to adequately address the unsafe condition. The CAA mandated the service information and issued British airworthiness directive 002- 03-83 to ensure the continued airworthiness of these airplanes in the United Kingdom.
FAA's Determination and Requirements of This AD
This airplane model is manufactured in the United Kingdom and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the CAA has kept the FAA informed of the situation described above. We have examined the CAA's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States.
Therefore, we are issuing this AD to detect and correct cracking, corrosion, and other related discrepancies of the rear pressure bulkhead and associated areas, and the fin attachment fittings, particularly the fin link beam, which could result in damage to the airplane structure or injury to airplane occupants. This AD requires accomplishing the actions specified in the service information described previously, except as discussed under "Differences Among the AD, the British Airworthiness Directive, and the Service Bulletin.''
Differences Among the AD, the British Airworthiness Directive, and the Service Bulletin
Although the service bulletin referenced by the British airworthiness directive specifies to submit certain information to the manufacturer, and to return certain parts to the manufacturer, this AD does not include those requirements.
The service bulletin referenced by the British airworthiness directive specifies to contact the manufacturer for instructions on how to repair certain conditions, but this AD requires repairing those conditions using a methodthat we approve.
Clarification of Actions in the Service Bulletin
Where the service bulletin is not specific regarding an inspection, corrective action, or any step necessary to complete the requirements of this AD, this AD requires doing the applicable action or step using a method that we, or the CAA (or its delegated agent) approve.
Clarification of Inspection Terminology
In this AD, the "close visual inspection'' specified in the service bulletin is referred to as a "detailed inspection.'' We have included the definition for a detailed inspection in a note in the AD.
Costs of Compliance
None of the airplanes affected by this action are on the U.S. Register. All airplanes affected by this AD are currently operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, we consider this AD necessary to ensure that the unsafe condition is addressed if any affected airplane is imported and placed onthe U.S. Register in the future.
If an affected airplane is imported and placed on the U.S. Register in the future, the required actions would take about 200 work hours per airplane, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the AD would be $13,000 per airplane, per inspection cycle.
FAA's Determination of the Effective Date
No airplane affected by this AD is currently on the U.S. Register. Therefore, providing notice and opportunity for public comment is unnecessary before this AD is issued, and this AD may be made effective in less than 30 days after it is published in the Federal Register.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include "Docket No. FAA-2005- 23006; Directorate Identifier 2002-NM-51-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you may visit http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647- 5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, "General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the regulation:
1. Is not a "significant regulatory action'' under Executive Order 12866;
2. Is not a "significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):